Arizona Drug Crime Attorneys
Challenging Accusations of Controlled Substance Offenses
In Arizona, drug crimes are harshly punished. Being found guilty could result in substantial jail time and high fines, among other penalties. The criminal justice system is geared to convict. The prosecution will do everything legally possible to win their case. That is why you need a defense attorney on your side who knows how to find weaknesses in the other side’s arguments and develop a solid strategy on your behalf.
When you choose Oliverson & Huss Law PLLC for legal representation, you’ll get a team of lawyers working together to fight your charges. We have over 40 years of combined legal experience, including time served as former prosecutors. Not only do we know how to build effective defenses, but we also know how the other side thinks, giving us unique insight into the legal system.
Learn about how our Arizona drug crime attorneys can help you by calling (480) 351-2228 today.
Types of Drug Crimes in Arizona
A drug crime is an offense that involves the possession, distribution, manufacture, or other activities related to controlled substances. Because of the nation's “war on drugs,” law enforcement officers and prosecutors hotly pursue these matters. That means if you’re being investigated for or have been accused of a drug crime, you will be pursued and punished to the full extent of the law. This is why it’s important to retain the services of our team immediately. We’ll get to work on your case right away.
We provide defense for various drug offenses, including:
- Cultivation of marijuana
- Manufacture of dangerous drugs
- Possession of drug paraphernalia
- Possession or use of dangerous drugs
- Possession or use of marijuana
- Possession of a drug for sale
- Transportation of drugs
What Do Drug Schedules Mean?
Arizona categorizes different drugs into classifications, called Schedules, depending on the substance's potential for abuse and medical value.
The five controlled substances schedules are as follows:
- Schedule I: These are considered the most dangerous drugs as they have no accepted medical use and a high potential for abuse. Substances in this category include, but are not limited to, heroin, MDMA, and psilocybin.
- Schedule II: Generally, these drugs have an accepted medical use. However, they also have a high potential for abuse and could lead to severe psychological or physical dependence. This group includes substances such as opium, codeine, and morphine.
- Schedule III: The potential of abusing Schedule III drugs is considered less than that for Schedule I or II substances. Additionally, they may lead to moderate or low physical or psychological dependence. Drugs included in this classification are benzphetamine, ketamine, and lysergic acid, among others.
- Schedule IV: Substances in Schedule IV have a low potential for abuse and a low risk of physical or psychological dependence. Drugs in this schedule include clonazepam, diazepam, and barbital.
- Schedule V: These are considered less dangerous than substances in Schedules I through IV. Their potential for abuse and physical or psychological dependence is low. Substances in this category are generally those containing a certain amount of a specific drug, such as less than 200 milligrams of codeine or less than 100 milligrams of opium.
What Are the Penalties for Felony Drug Crimes in Arizona?
In Arizona, drug crimes are taken seriously. As such, many are charged as felonies and carry steep penalties. The exact felony classification of a controlled substances offense depends on the specific circumstances.
Below are the various felony classes and potential prison sentences for drug crimes:
Class 6 felony:
- Mitigated: .33 years
- Minimum: .5 years
- Presumptive: 1 year
- Maximum: 1.5 years
- Aggravated: 2 years
Offenses charged as Class 6 felonies include some cultivation of marijuana and possession, use, administration, manufacture, or transportation of prescription-only drug offenses.
Class 5 felony:
- Mitigated: .5 years
- Minimum: .75 years
- Presumptive: 1.5 years
- Maximum: 2 years
- Aggravated: 2.5 years
A Class 5 felony is charged in some marijuana cultivation crimes.
Class 4 felony:
- Mitigated: 1 year
- Minimum: 1.5 years
- Presumptive: 2.5 years
- Maximum: 3 years
- Aggravated: 3.75 years
Some marijuana cultivation crimes and some possession, use, administration, manufacture, sale, and transportation of prescription-only and dangerous drug offenses are charged as Class 4 felonies.
Class 3 felony:
- Mitigated: 2 years
- Minimum: 2.5 years
- Presumptive: 3.5 years
- Maximum: 7 years
- Aggravated: 8.75 years
Some cultivation of marijuana crimes as well as some possession, use, administration, manufacture, sale, and transportation of prescription-only, dangerous drugs, and narcotic drug offenses are Class 3 felonies.
Class 2 felony:
- Mitigated: 3 years
- Minimum: 4 years
- Presumptive: 5 years
- Maximum: 10 years
- Aggravated: 12.5 years
Some cultivation of marijuana crimes and some possession, use, administration, manufacture, sale, and transportation of dangerous or narcotic drug offenses are class 2 felonies.
Can Drug Crimes Be Expunged in Arizona?
When a crime is expunged, that means the arrest and/or conviction information is wiped from the person's record. Although some states do offer expungement, Arizona does not. Thus, a person's drug crime conviction cannot be removed.
However, under A.R.S. 13-905, a person can apply for a "set aside." A set aside does not clear conviction information. Instead, if a judge approves it, the case will be dismissed and the individual's criminal record will indicate that the offense was set aside. The judge will consider many factors before determining whether to grant the request.
Possible Legal Defenses for Drug Offenses in AZ
In a criminal case, the prosecution must prove beyond a reasonable doubt that you’re guilty of the offense. They must produce evidence that supports their assertions. It’s important to note that even though the prosecutor might have documents, objects, testimonies, or other material against you, that does not mean it’s an open-and-shut case. Overzealous law enforcement officers might violate a person’s rights during an arrest, samples might have been contaminated, or witnesses might be unreliable.
The first step in developing a powerful defense is a full evaluation of the situation. Our Arizona drug crimes lawyers are creative and skilled. When we take on a case, we spend all the time needed to build a strong legal strategy.
Quality Representation in Your Arizona Drug Case
You have the right to an attorney, but the quality, experience, and reputation of your lawyer can make or break a case. Ensure that you are protected by a seasoned trial attorney with extensive experience in criminal court: It could mean the difference between a conviction and your freedom.
At Oliverson & Huss Law PLLC, our Arizona drug crime lawyers have experience that is beyond the usual. Our team consists of former prosecutors, and one of our attorneys is a former police officer and judge.
Over 40 Years of Collective Experience
Over the length of their careers, the attorneys at Oliverson & Huss have helped thousands of people successfully fight their criminal charges.
Former Prosecutors & a Former Judge
As former prosecutors, police officers and judges, our attorneys have experience on all sides of the law. This special insight allows them to better defend your case.
Highly Communicative & Responsive
Our attorneys will work closely with you, diligently keeping you fully informed and updated on your case from beginning to end.
Team Approach to Your Case
At Oliverson & Huss, you get access to three experienced attorneys who work together to achieve the best possible result for you.
When it comes to defending our clients, we believe two heads are better than one. When you hire us, you get a team of attorneys who will look at your case and offer their perspective in an effort to get you the best possible result.